Employment Law

Employment Law

In every large firm, there has to be a human resource manager and each has various responsibilities. They are in charge of employee welfare to ensure that the needs of employees are well catered for .This will in turn ensure that that they are taken care off. Employees can at any one time, become disabled while at the work place, and it can be in a temporary form. There are certain laws, which apply to employees, who become temporarily disabled at the work place. This act came into being after the efforts of the Workplace Safety and Insurance Board (Cabrelli, 2007). Most times, they are two types of benefits, which occur as a result of temporary disability. They are the temporary partial and temporary total benefits.

In order to qualify for these benefits, a doctor must be consulted .The doctor must ensure that they are treating the employee. The WSIB must be made aware that the employee has a medical problem or an injury, which is work related. This means that they are not in a position to work for some time. In the case of temporary total benefits, the employee is awarded a substantial amount of money. This means that they are entitled to a take-home-pay of 90%, as a result of being injured, while at the work place. The benefits are awarded as long as the doctor approves of the situation (Cabrelli, 2007). WSIB must approve everything the doctor is recommending; otherwise they will not award the employee any benefits. Also, in the future, the employee must prove that they can work, to the WISB. If the employee is not likely to improve, WISB will not continue awarding the benefits to the injured employee. The employee will thus be given their pension, and if the employee improves, they will be given their temporary benefits. This is after a thorough assessment by the WISB.

There are many times when conflict arises between civil rights and collective bargaining, as a result of contract rights. An example of a situation in real life is when a school board is at conflict with a union for teachers. In collective bargaining, there are certain resolutions and obligations, which have to be met. This means that in any bargaining agreement, there has to be good faith and exclusivity. An example of where conflict arises in such matters is in school boards whether private or public. This is because according to the schools unions, they are entitled to extreme exclusivity. The bargaining unit and the collective interests of the elected union are bargained through good faith. Good faith is extremely essential in all the different processes, as the situation is bound to become heated and intense.

It must be known that in an agreement of collective bargaining, certain constitutional and statutory provisions cannot be contradicted or violated. This agreement should also ensure that contract rights are recognized (Cabrelli, 2007). Social and political freedom, as well as equality, is a civil right of every human being. According to the National Labor Relations, good faith is an extremely important issue. This is because elements of cooperation, fairness and openness, ought to exist. The school board and the teachers union may engage in negotiations and not come to an agreement. The disputes are sometimes not solved even though good faith is involved and this is known as legal impasse. This means that suspension of active bargaining occurs as a result of the impasse. For this case to be solved mediation occurred and it took a long time before the parties came to an agreement. People have civil rights, which should not be violated.

Employees in an organization should ensure that the existing conditions at the work place favour their work. This is known as ergonomics and more should be known about this essential work place aspect. Through ergonomics, employees become satisfied, increase their productivity and also the risk of injury as well as illness is reduced. There are many situations, which pose a risk for employees at the work place, which might cause disorders of the musculoskeletal. An example of how such an issue can occur is through constantly carrying objects, which are extremely heavy or pulling them (Opsvik, 2009). If they do this kind of job on a daily basis, they are bound to become injured. This might in turn pose serious consequences to the employee and may suffer from problems related to the musculoskeletal. In such cases, something needs to be done to ensure that there are no more further injuries. These include transferring the employee to another department, where risk is less, taking them to a specialist, among other things.

The Labor occupational Safety & Heath Administration (2011) has come with guidelines concerning this issue. This is because it is known that employees working in certain sectors of the economy such as manufacturing and mining occur frequently. The guidelines ensure that musculoskeletal injuries at the work place are reduced. They assist employers in knowing how to control and recognize risk factors of ergonomics. The information provided is extremely helpful in many ways.

References

Cabrelli, David. (2007). Employment Law (Law Express).New York: Longman.

Opsvik, Peter. (2009) .Re-Thinking Sitting” Interesting insights on the history of the chair and how we sit from an ergonomic pioneer. New York: Prentice Hall.

The United States Department of Labor Occupational Safety & Health Administration. (2011). Safety and Health Topics: Ergonomics.

Employment Law

Develop a 3-5 page workplace harassment policy for either Java Corp or an organization with which you are familiar. Also, create an 8-12 slide PowerPoint presentation with speaker’s notes to present the new policy and to support it with legal and strategic rationale for the selected organization’s upper management.

Introduction

HR professionals are often called upon to develop new workplace policies to increase an organization’s effectiveness and to protect it from possible legal liabilities. Creating a succinct and comprehensive presentation for organizational management and other stakeholders is a valuable skill to possess.

Preparation

For this assessment, research sexual harassment and other forms of unlawful workplace harassment. Using one of the scenarios below, consider best practices and approaches for developing an anti-harassment workplace policy. A minimum of seven resources are required to support your approach to the new policy as well as your legal and strategic rationale.

Scenario

For this assessment, choose either option 1 or 2. You do not need to do both. You will apply one of these scenarios in the instructions below. Both options will be graded using the same scoring guide.

Option 1

You are the new HR manager for Java Corp. The company has just lost a sexual harassment lawsuit and damages include back pay, front pay, punitive damages, and attorney’s fees. The plaintiff, Ms. Stapel, was a female manager who had a consensual sexual relationship with her male boss, Mr. Rowe. Both moved up in title and responsibility over the past 5 years. After the relationship ended, Mr. Rowe made several offensive comments to co-workers about Ms. Stapel, without her knowledge. Later, a number of other employees, who reported to Mr. Rowe, made offensive sexual comments directly to Ms. Stapel.

The company has a harassment policy but only referred someone who felt harassed to their immediate supervisor and provided no other avenues of complaint. Your first project for Java Corp is to create a formal policy that will protect the employees, the organization, and all stakeholders. You will also prepare a PowerPoint presentation that could be used as a training tool for new employees on the importance of following anti-harassment policies.

Option 2

Choose an organization to use for this assessment. It can be where you are currently employed or a company with which you are familiar. It must be an organization that is researchable, as you will need to gather and analyze information to complete the assessment. You may use the same organization you selected for previous assessments.

If you choose the organization where you are currently employed, please keep in mind that the analyses you make must be based on facts that can be documented rather than your personal opinion as an employee.

Think about a situation in which an employee was sexually harassed at work. Reflect on what the organization did well and what the organization did wrong.

Research the sexual and work harassment policies of the chosen organization to further assess if the situation was handled properly.

Instructions

Based on your research of sexual harassment and other forms of unlawful workplace harassment, complete the following:

In a word document, develop an anti-harassment workplace policy that includes the following components:

  • Objective.
  • Prohibited conduct under this policy, including discrimination, harassment, sexual harassment, and retaliation.
  • Confidentiality.
  • Complaint procedure.
  • Employee acknowledgment of policy.

Prepare a PowerPoint Presentation for upper management training. In your presentation:

  • Explain the legal basis for protecting employees from harassment with supporting laws or regulations.
  • Describe different types of sexual harassment found in the workplace.
    • This can include, but not limited to, quid pro quo and hostile work environment.
  • Explain other types of harassment, outside of sexual harassment, to consider in a workplace policy.
  • Articulate how an organization can be at risk of harassment claims and how they can best legally protect themselves.
  • Summarize reporting and investigation procedures.
    • Specifically, discuss how the issue or complaint is brought to HR’s attention, who is involved in the investigation, how the communication process works with those involved.
  • Summarize how the anti-harassment policy should be communicated to employees.
  • Analyze organizational benefits realized because of having a sound anti-harassment policy in place.
    • Consider company reputation, employee morale, retention, productivity, and the like.

Additional Requirements

Policy

This part of your assessment should also meet the following requirements:

  • Length: 3-5 pages. Strive to be as detailed as possible in addressing each of the policy’s components above.
  • Written communication: Communicate in a manner that is scholarly and professional. Your writing should be:
    • Concise and logically organized.
    • Free of errors in grammar and mechanics.
  • Resources: If you use a source in the text of your policy, you need to reference it. The last page of your policy should be your reference list. Format all citations and references in accordance with current APA guidelines.

PowerPoint Presentation

This part of your assessment should also meet the following requirements:

  • Audience: Create a presentation suitable for the upper management of your selected organization.
  • Length: 8-12 slides, including speaker’s notes and title and references slides.
  • Validation and support: Use a minimum of seven relevant and credible scholarly or professional resources such as the Wall Street Journal to support your work.
  • APA format: Format all citations and references in accordance with current APA guidelines. Refer to the Evidence and APA Campus page for guidance.
  • Complexity: Do not get hung up on adding too many graphics, audio, or video. Select a PowerPoint template appropriate for a professional presentation. Please make sure the background color you choose does not interfere with the font selection and that it is easy to read. Do not overbuild your slides; information that supports and expands on what you say should appear as speaker’s or presenter’s notes.

Note: It is expected that your SafeAssign results for the policy document in Word will have a high percentage match, as you are aligning with legal standards. Your PowerPoint presentation should not be nearly as high. Please make sure you cite your sources within both documents according to current APA style.

Your PowerPoint presentation should be saved as a PDF to properly capture the presenter notes.

Here is how to save PowerPoint as PDF with notes included (Microsoft, n.d.):

  • Open your PowerPoint presentation.
  • Click File > Print.
  • Under Print, click Microsoft Print to PDF.
  • Under Settings, click the second box (which defaults to say Full Page Slides).
  • Under Print Layout, click Notes Pages.
  • Click Print.

Competencies Measured

By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:

  • Competency 1: Apply human resource strategies to business needs.
    • Develop an anti-harassment workplace policy.
    • Summarize the reporting, investigation procedures, and how the anti-harassment policies will be communicated to employees.
  • Competency 2: Analyze core functions of human resource management.
    • Explain the legal basis for protecting employees from harassment.
    • Explain other types of harassment, outside of sexual harassment, to consider in a workplace policy.
    • Analyze organizational benefits realized by the anti-harassment policy’s approach.
  • Competency 4: Communicate effectively in a scholarly and professional manner.
    • Describe the types of sexual harassment found in the workplace.
    • Apply APA formatting to in-text citations and references.
    • Convey purpose in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.

Reference

Microsoft. (n.d.). Print slides with or without speaker notes. https://support.microsoft.com/en-us/office/print-slides-with-or-without-speaker-notes-02952fc2-2921-4305-b8b2-e98644a93e06

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